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BCC Minutes 01/21/1992 R Naples, Florida, January 21, 1992 LET IT BE REMEMBERED, that the Board of County Commissioners An 'and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as 'have been created according to /aw and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Michael J. Volpe VICE-CHAIRMAN: Richard S. Shanahan Burr L. Saunders Max A. Masse, Jr. Patricia A. Goodntght ALSO PRESENT: James C. Gl/es, Clerk; John Yonkosky, Finance Director; Debby Farris, Annette Guevin and Kathy Meyers, Deputy i-Glerks; Nell Dorrtll, County Manager; Tom Olltff and Jennifer Pike, Assistants to the County Manager; Ken Guy/er, County Attorneyi Dennis Cronin and Martha Howell, Assistant County Attorneys; George :Archibald, Transportation Services Administrator; Bob Blanchard, Growth Planning Director; Frank Brutt, Community Development Services Administrator; Bob Fahey, Solid Waste Director; Steve Carnell, Purchasing Director; Reginald Boucher, Solid Waste Engineer; Keeth Ktpp, Solld Waste Recycling Coordinator; Philip Scheff, Pro~ect Planner; John Mada~ewski, Pro~ect Review Services Manager; Martha iSkinner, Social Servlces D~rector; Sue Filson, Adminlstrattve Assistant to the Board; and Deputy Byron Tomlinson, Sheriff's Office. Page AGENDA - APPROVED WITH CHANGES Co.missioner Shanahan moved, seconded by Commissioner Haeee and Carried 5/0, that the agenda be approved with the following changes= Item 7(C) - Thomas E. Ktllen representing The Ktllen Group regarding future activity center plan interpretation. (Staff's request). Deleted as it is duplicate of Item 8(A) (1) . Item 16(A)(6) moved to 8(A)(2) - Recommendation to approve the final plat of "Tiger Island Estates". (Staff's request). Item 16(B)(1) moved to 8(B)(3) - Recommendation for concep- tual approval of project cost allocation between Collier County and The Berkshire Development with staff to prepare final agreement for subsequent board action. (Staff's request). Item 8(G)(1) to be heard at 9:30 A.M. - Recommendation award the reclamation/recycling of construction and demolition materials bid #91-1796 (Continued from 1/7/92 meeting). Item 9(A) to be heard at 10:15 A.M. - Request by Henderson, Young & Co. for an amendment to their law enforcement impact fee study contract with the County to compensate for addi- tional services provided. Item 9(B) to be heard at 10:15 A.M. - Request by Henderson, Young m Co. for an amendment to their EMS Ampact fee study contract with the County to compensate for additional ser- vices. (Continued from 12/3/91 meeting). Item 8(B)(1) to be heard at 2:00 P.M. - Report to the Board on the financing of arterial road improvements through increased road impact fee revenues and road assessment district revenues. Item ~3B CONSENT AGENDA - APPROVED AND/OR ADOPTED The motion for approval of the Consent Agenda is noted under Item #16. Item #4 ii~(OCTOBER 2, 1991 VALUE ADJUSTMENT BOARD MINUTES AND BCC MINUTES OF ~ OCTOBER 8, 1991 REGULA~ MEETING - APPROVED AS PRESENTED Coutsstoner Shanahan moved, seconded by Commissioner Hasse and carried unanimously, that the October 2, 199! Value Adjustment Board ~'~ Minutes and the BCC Minutes of October 8, 1991, regular meeting, be mpprovmd u presented. Item Page 2 January 21, ~992 ~PP, ~NV~RONI~NTAL SERVTCE$ DIVISION, RECOGNIZED AS EMPLOYEE OF FOR ~ANUARY, ~992 Upon presentation of the Exceptional Performance plaque and a $50 cash award, Commissioner Hesse moved, seconded by Commissioner S~ and carried unanimously, that Keeth Klpp of Environmental Services Division be recognized as Employee of the Month for JanuarF, 3992. Item EMPLOYEE SERVICE AWARDS - PRESENTED ': Commissioner Shanahan presented a Service Award to the following Collier County employees: Tracy S. Poffenbarger - Budget & Management - 5 years Jennifer J. Pike - County Manager's Office - § years Item #5C1 PROCLAMATION DESIGNATING THE WEEK OF FEBRUARY 3RD THROUGH FEBRUARY 9TH, 1992, AS AETNA CHALLENGE WEEK - ADOPTED Upon Commissioner Volpe reading and presenting the Proclamation to Jim Martin, Commissioner $aundere moved, seconded by Commissioner Goodn~ght and carried unanimously, that the Proclamation Designating the w~ek of Februar~ 3rd through February 9, 1992, ae Aetna Challenge Week be adopted. Page 3 Tt:e~ #5C2 January 21, 1992 ,PROCLAI~TZOR DESIGN&TING TH~ WE~I~ OF 3AlqUARY 26T1t TO F~BRUARY 1, 1992, EMERGENCY PLANNINQ AND COMMUNITY RIGHT TO ENOW AWAReNESS WEEK - Upon reading and preeenting the Proclamation to Ken Pineau, Co~m~satoner Goodnight moved, eeconded by Commissioner Haeee and carr~edunanimousl¥, that the Proclamation designating the week of Januar~ 26th to February 1, 1992 as Emergency Planning and Community R~ght to Know Awareness Week be adopted. Page 4 January 2~, ~992 and #6A2 AM~:NDMENTS 92-100/~03 AND 92-~07 - ADOPTE~ Col~ssioner Hasse moved, seconded by Commissioner Shanahan and clrried ~an:~lousl¥, that Budget ~en~ento 92-~00/92-~03 ~d 92-~07 ~;'~ ~ ~ ~SOL~ION 92-30 - ~P~D Co~a~ssioner Hasse moved, seconded by Commissioner Shanahan and carried unanimously, that Budget Amendment Resolution 92-10 be adopted. Page 5 January 22, 1992 ' INTERIM FINANCIAL INFORMATION - PRESENTED/NO ACTION REQUIRED Finance D/rector Yonkosky explained the financial Information pre- sented at this time is for the period ended December 31, 1991, and basically parallels the budgetary format, especially for the General Fund, which has a 3 month budget actual report as well as a 3 month budget actual revenue and expenditure report. He stated there tea 2 month budget actual revenue report for local gas taxes and major !i ' Intergovernmental revenues, the reason being to afford presentation on an actual basis. He reported there is a 5 year budget for actual com- par/son of sa/es tax and state revenue sharing and a schedule of pooled cash, by fund, as of 12/31/91. Referring to the Year to Date Revenue Report for the General Fund, he related this ks actual, and looklng at sales tax listed under intergovernmental one sees It ts ltsted at $371,423. He conflrmed there ts approximately $1,600 to be transferred this month from the Immokalee Medical Care Trust, and last year's amounts have not been transferred for the Criminal Justice Trust, but will be pending completion of the audit. Referring to the .\ Expenditure Report, he explained none of the monies have been trans- ' ferred out, but the Community Development Block Grant will be trans- ferred ~n February. Referring to Contributions to Other Funds, he related that the $262,400 includes the service to seniors contribution of $99,600 and $62,800 for the MPO. He referred to the Year To Date Revenue Report for Impact Fees/Community Development Charges. He ldentifted the Summary of Local Gas Taxes and Intergovernmental Revenues reflecting figures for a two month pertod. He explained that the local half-cent sales tax appears to be a little behind, and ts "based on taking the annual budget and dividing it by twelve. He concluded that present projections Indicate the County ts ahead of budget in every area except the local half cent sales tax and state Fevenue sharing. He referred to the Analysis of Major State Shsred Revenues for the 1992 Fiscal Year, explaining this does not reflect Page 6 January 21, 1992 anything for 1992 as it will be factored at the end of the year. 'Referring to the Pooled Cash Report, he concluded at the end of i[/ .December there was $20S,0Sl,000 as the balance of cash in all funds, and includes restricted and unrestricted cash, etc. In response to Commissioner Volpe, Finance Director Yonkosky stated he will add a schedule which will show the net available cash. Commissioner Shanahan encouraged year to date information be pro- vided. Finance Director Yonkosky verified this report is for information purposes only and will be provided on a monthly basis. X~em #SGI ANARD OF #RECLAMATION/RECYCLING OF CONSTRUCTION AND DEMOLITION MATERIALS' BID ~91-1796 AND CONSIDERATION OF MODIFICATION TO ANNUAL RATE R~SOLUTION IN EARLY 1992 - NAPLES RECYCLING RESOURCES, INC. CONTRACT EXTENDED ONE YEAR WITH SAFEGUARDS PROPOSED BY STAFF AND AT CURRENT PRICES Reginald Boucher, Engineer with Solid Waste Management, distri- buted multiple handouts and explained that State Law excluded con- struction and demolition waste from the lined cell after August 1, 1990 and mandated recycling goals. He acknowledged that recycling extends the life of the landfill lined cell. He included among the reasons Justifying a five year contract the benefit to the business community by locking in a tipping fee at $27 per ton for the term of the contract. He related the tipping fee at the gate is $25 per ton, and the present contractor is paid $22 per ton for all recycled waste plus $4.00 per ton for nonrecyclables, creating a postttve balance since October of this year. He relayed staff's determination that the impact for the current Fiscal Year will be 250 per ton for the second half of the year. Commissioner Shanahan reflected that should the Board of County Commissioners elect to extend the contract to the current contractor a Considerable amount of money would be saved, and Mr. Boucher con- '~curred. Mr. Boucher identifie~ one of the hereinabove referred to handouts i7 Page 7 January 21, 1992 as a comparison between the contracts by Waste Magic Recyclers, Inc. and Naples Recycling Resources, Inc., and another as an excerpt from Waste Age January 1992, the latter providing information of tipping fees for various areas of the state, see page 28 of same. Regarding the bid protests, Mr. Boucher stated the Purchasing Director has made his determination, the So/id Waste Department is satisfied with same, and the County Attorney's Office believes the bid process was sound and stands prepared to state it is proper for the Board of County Commissioners to award thts contract as recommended despite the protests raised. He said Attorney Andersonts January 15, 1992 correspondence to the Board of County Commissioners contains misleading and inaccurate statements which cannot be left unrebutted. Referring to the first page of said letter, he confirmed the bid spe- cifications put together do not preclude contract modifications resulting in regulatory changes; secondly, the purposes of pre- paring substantially revised specifications were two-fold, i.e. to increase competition and enable the maximum amount of materials to be processed and diverted for disposal; and, thirdly, the cost savings quoted reflect a one year extension while staff advises a six month extension is adequate for a rebtd process. He referred to the handout labelled Construction & Demolition Debris Processing, remarktn~ that Mr. Anderson's numbers were much higher as he failed to include the cost of landfilling the residue and concluded there would actually be a cost of $562,500 to bury the remainders. Upon Commissioner Hasse questioning why the current contract has no requirement for a performance bond, Solid Waste Director Fahey recounted that when the matter was first explored over a year ago the :i' initial bid did not requtre a performance bond. He relayed staff's recommendation that a performance bond requirement be included in the ,i new contract award, explaining that only Waste Magic Recyclers, Inc. has been able to fulfill that requirement. Differentiating between contract and contractor, Mr. Boucher acknowledged there are problems with the current contract tn that It Page 8 January 21, 1992 ~/haa no performance criteria. He referred to a handout representing a ii~ copy of the certified letter sent to Ms. Llnda Marszalkowskl dated April 29, 1991. He eAplatned the current contract does not moisture content on buy-back cover material, with the new contract basing payment of this material on a §~ maximum moisture content. He referred to the letter sent the contractor on May 6, 199! from Mr. Fahey, one of the heretnabove referred to handouts. Commissioner Goodntght Inquired whether the contractor has rec- tified the problems, and Recycling Coordinator Kipp confirmed the '~t contractor has since been prevented from using water ~n the buy-back cover material, and has corrected the problems of garbage around the work trailer and expansion Into unauthorized areas. In response to Commissioner Volpe, Mr. Boucher revealed one of the principals of Waste Magic Recyclers, Inc. stated they cannot live with or a~ree to the additional terms of the contract, concluding a one year contract will not afford adequate buy-back time for the minimum ;.:i.: site preparation cost required. :. Ltnda Marszalkowski, Representative for Naples Recycling Resources, Inc., stated she cannot agree with a lot of the thin~s she has heard here today. Re~arding the allegations of "wet material", ! she reported asking for and receiving permission from the Solid Waste i?Department to use a pilot program of using plasterboard to create "extra cover material. She explained it was found the material was too wet and the program was discontinued, adding that the program was attempted during a rainy period. In, response to Commissioner Volpe, Ms. Marszalkowski advised that :the litter situation was the result of illness of a family member that them to get behind schedule. She commented on her company's · inability to meet the bond requirement, and disputed the comment that i!':~they are recycling 54~ as incorrect. Ms. Marszalkowskt alluded to problems they have encountered with operating on land which is "rolling". In response to Commissioner Volpe, Ms. Harszalkowski related she Page 9 January 21, 1992 like an extension of their contract for a period of six months a year. 'f~ · In response to Commissioner Volpe, County Attorney Cuyler verified that Attorney Anderson did present a bid protest. Purchasing Director Camel! explained the bid protest was, in fact, received from Attorney Anderson. He reiterated that Waste Magic Recyclers, Inc. has indicated it cannot accept the modification to the terms of the proposed contract and is, in essence, leaving its bid as is at a rate of $27 per ton against the specifications ten- dered. Attorney Bruce Anderson, representing Naples Recycling Resources, Inc., related he proffered the objection to the bid specs in a timely manner, as they discouraged competitive bidding. Ne contended that if the County can save money in the time of a recession by extending an existing contract, it should do so. He stated that, under the !~contract, the County Manager is authorized administratively to grant a Six month extension. Pursuant to Commissioner Saundera' request, Ms. Marszalkowski il.il.relayed her rendition of some of the terms of the original contract, "both actual and implied. Commissioner Shanahan asked Ms. Marszalkowski if her organization £s'in a position to guarantee that 75~ of the construction and demoli- tion material will be recycled should their contract be extended, and she replied in the affirmative. Commissioner Saunders questioned whether Naples Recycling Resources, Inc. would be wi/ling to maintain the current tipping fee should their contract be extended, and Attorney Anderson answered they would agree to do so for up to one year. Ged Tong stated he took the ich with the current contractor based ¥ on the conttngence of a renewable contract, and questioned the fate of the current employees should said contract not be renewed. ~/~ Roger Spade requested keeping the contract here in Collier County. ~'~.. Art Greenling expressed support for mainta~n~ng an agreement with Page'10 January 21, 2992 !~?.the current contractor. T~q~ t~ In response to Commissioner Saunders, t4r. Boucher stated 60-75X of :i~': 'the C & D (construction and demolition) material can realistically be :.expected to be recycled. ~'!... Pursuant to Commissioner Saunders' request, Mr. Boucher proceeded · to read the list of additional requirements staff feels are necessary should the Board of County Commissioners decide to extend the present contract with Naples Recycling Resources, Inc., said requirements to include: In lieu of a bond, retainage be held tn the amount of lOX, accumulative, to insure performance; nullification of the contract amendment allowing for the rejection of C & D (construction & demo/i- tion) loads below 6,000 pounds to Insure compliance with DER (Department of Environmental Regulation) rules; performance criteria to avoid recurrence of past problems by setting 400 ton per day capa- city; no contract modifications be entertained during the course of the extension; and a requirement that contractor provide evidence to staff that disposal of any questionable material be proper and legal. He related that included in the new specifications was a requirement that, should the So/id Waste Department question the recyclabtlity of the material going out the gate, the contractor provide staff with ' weigh bills indicating where the material is going and what its use will be. A brief discussion ensued regarding tonnage capacity of the current contractor. !:':: Commissioner Saunders suggested the Board of County Commissioners ( consider extension of the current contract for up to two years, freeze ::.' the rates at the current level; require the additional safeguards ':;':": requested by staff, and leave the capacity at the current level Commissioner Shanahan suggested extending the current contract for one year and revisit the bid specs, including the language. Mr. Fahey stated staff wants to maximize the material handled by :..the current contractor as it will reduce the County's liability from Page 11 January 21, 1992 ~.~ Commissioner Shanahan moved, seconded by Co--issioner Saunders, to !'reject all bids, that staff revisit the bid specifications and prepare ne~equest for proposal; extend the current contract for one year at the currsn~ prices of $22 per ton and $4 per ton for return ~aterial~ and l~ple~ent the safeguards discussed with a guarantee of 75~ with up to 300 ton u the outside limit. A brief discussion ensued regarding building an inspection plat- form. In response to Mr. Fahey, Linda Marzalkowski stated the current contractor is willing to operate in the same site but wants the abi- lity to purchase limerock for same, should the contract be renewed for one year. Upon call for the question, ~otlon carried unanimously. Recessed: 11:00'A.M. - Reconvened: 11:10 A.M. at which time Deputy Clerk Guevin replaced Deputy Clerk Farrts sss REQUEST BY KKNDERSON, YOUNG & COMPANY FOR AN AMENDNENT TO THEIR LAW ENFORCRI~ENT IMPACT FEE STUDY CONTRACT WITH THE COUNTY TO COMPENSATE FOR ADDITIONAL SERVICES (HOURS} PROVIDED - APPROVED IN THE AMOUNT OF 88,295 Assistant County Attorney Dennis Crontn asked the Board to con- sider this item and Item #9B as companion items. He said the first is an amendment to the Law Enforcement Impact Fee Study contract lying an expanded data base and an expanded manpower analysis which will enable the establishment of a level of service for law enforcement within Collier County. He mentioned Sheriff Hunter has expressed his support for the proposed amendment. He indicated the 'second amendment, to the EMS Impact Fee Study contract, was continued from the meeting of December 3, 1991. He explained this is an equitable amendment for services performed pursuant to the adoption of the EMS Ordinance on August 7, 1991. He indicated this involved an expanded data base relative to medical office fees for EMS Impact Fees. He said there was additional research performed and meetings Page 12 January 21, 1992 /'which were attended by the consultant. Randy Young with Henderson, Young & Company, rem~nded the Board iii that the nature of their agreements with the County to develop the ~mpact fee studies has been to supply an estimate of the comte of ~those services. He sald rather than a fixed fee contract, they against the estimate and If unexpected work develops, they return to the Board with a request for amendment. He added when they do not need the full amount of the estimate, they do not bill the County am was the case In the Parks Impact Fee. He reported his firm has also finished their draft of the School Impact Fee and expects that a . substantial amount of the contract amount will not be utllized. He mentioned the Sheriff has asked him to share with the Board him Inten- tion to ask for a workshop on the subject of the level of service to be provided by law enforcement. He advised in developing Impact fees, the level of service is a critical control point for how much the fee costs and tn the case of the Sheriff~s Office, which is labor inten- sive, the level of service will also affect future operating budgets. He said his firm has agreed If the contract amendment is authorized, that tt will not only recover the costs they have already incurred in ~ providing work for the Sheriff, but it will also enable them to par- .% ticlpate ~n the ~otnt workshop the Sheriff will ask to be mcheduled ~n approximately one month. He concluded based on the dlscuseionm at that workshop, they will return to the Board approximately one month later with a rate study and an ordinance. In response to Commissioner Volpe, Mr. Young said all the addt- 'ii t~ona! services relative to the Law Enforcement Impact Fee Study : contract amendment have already been performed. He maid they were in the nature of helping the Sheriff with a very innovative management :.' control study. ~::-i.Cc~tes~onsr Shanahan ~aoved, seconded by Co~m~se~one~ Hasse ~nd carrledunan~ousl¥, to approve the request b~ Henderson, Young & Co~n~ for an ~end~ent to theAr Law Enforcement I~pact Fee Study Contract ~n the amount of $8,295. Page 13 January 2Z, 1992 Ite~gB REQUEST NY H~NDER$ON, YOUNH & COMPANY FOR AN ~ TO THEIR IMPACT FK~ STUDY CONTRACT WITH THE COUNTY TO COMPENSATE FOR ADDITIONAL SERVICES (HOURS) FROVIDED - APPROVED IN THE AMOUNT OF Discussion of this Item is contained within Item #gA. Mr. Young explained in the case of three of four items that the Board and CCPC brought to the attention of his firm, all were unex- pected and in the nature of additional work. Specifically, he said, :the CCPC's request to look at collapsing all non-residential rate classes into a single class took work on their part which was then not agreed to. He stated in the case of separating out medical offices from all other offices, it was only after direct request by the Board that his firm was able to get enough information from the Property Appraiser's Off/ce, adding they also personally drove to each of the addresses to verify their sizes and that they were of a medical nature. He indicated the request to break out the helicopter for a separate rate analysis required them to construct a 100~ sample of the helicopter incidents. He advised the fourth category of change, to' i~, take the credits calculation and apply it separately to each rate !il category, is not being billed because tt was covered in the original contract. c~r~ ~~ely. to approve the r~est ~ Henderson, Y~g ~ : C~ for ~ ~en~ent to their ~S I~act fee S~dy Contract ~n the Page 14 January P,~.~ LOVELL I~(~ARDIN(] RENOVAL OF EXOTICS ORDINANCE - NO ACTION Frank Brutt, Community Development Services Administrator, explained this petition is a request to allow American Farms to plant Australian Pines as a wind barrier on their lands which are approxima- tely three miles east of C.R. 9§1 and two miles north of Alligator Alley. Commissioner Volpe inquired what is Staff's recommendation? Mr. Bruit advised since the Board has adopted an ordinance that prohibits the planting, moving and cultivation of the Australian Pine, Staff can only recommend denial of this petition. Commissioner Hasse asked if Staff has a recommendation of any kind · of vegetation that would serve a similar purpose? Mr. Brutt stated the recommendation of Staff is for the applicant to consider the red cedar tree which is dense and also grows quickly. Pamela Love// representing American Farms Limited, indicated ~hey have a great need to form a wind barrier on the northern end of their 35-acre farm because of the large, cleared field Just north of their property which allows the cold north wind to blow across their farm. She said they have investigated planting other trees, however, none of them grow as quickly or form the barrier from the ground up as the Australian Pine does. She reported they cannot wait 15 or 20 years for a windbreak. She said when properly maintained, the Australian Pine does not spread or cause any problems and, ~n fact, there are many purposes the Australian Pine can be used for. Commissioner Volpe inquired if a fence would suffice for the put- *pose needed? Ms. Lovell replied a 10-foot fence currently surrounds the pro- perty, however, they need something with height. She commented the · studies were done on AustralIan Pines growing in beach sand along the coast, which would not have the strength of those grown further inland. Page 15 January 21, 1992 In response to Commissioner Hasse, Ms. Lovell advised the seeds are in small pine cones which stay where they drop. She said the only possibility of reproduction would be directly under the trees, which they intend to maintain and mow on a bi-weekly basis. Commissioner Volpe, after asking the County Attorney, advised Ms. Lovell that the Board of County Commissioners does not have the authority to grant her request. ":.' Ms. Love// said certain exceptions should be taken under con- sideratton because these types of trees can be very useful to the farmer. She commented at the time the environmentalists were making known their concerns with Australian Pines, there was no one to defend the trees. She stated as horticulturalists, they believe in the replanting of Florida natural vegetation in this area, however, they feel the Australian Pine has been unfairly grouped with the melaleuca tree. Chris Anderson, Forester for the Florida Division of Forestry tn Collier County, pointed out Australian Pines are notoriously shallow rooted and are blown over in the rain and wind associated with storms. He said they are a safety hazard for homes, people, utilities and emergency storm evacuations. He advised they also threaten to take over natural areas by out-competing the native vegetation which changes the character and function of the land. He also mentioned the animals that have traditionally used the invaded areas are displaced to some degree. He suggested the petitioner use red cedar as an alternative, which he believes will serve their purpose. He said he . would like to have the opportunity to meet with American Farms repre- <. eentattves to discuss the situation. Commissioner Hasse questioned what the growth rate is for red ~J~ cedar as opposed to Australian Pine? Mr. Anderson replied the red cedar has the potential of growing up ~ to three feet per year. He said it will not compare with the ~/ Australian Pine which has the po~ential of 12 feet of growth per year, ~"however, the red cedar is a denser tree. Page January 21, 1992 Ms. Lovell asked what information she will need to initfate a change to the ordinance or be granted an exception? Commissioner Volpe advised that Ms. Lovell should contact the County Attorney. No action was taken on this item. ~'. RESOLUTION 92-43 ESTABLISHING CRITERIA AND STANDARDS FOR AN ALTERNATIVE EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEE FOR THE EAST NAPLE~ URGENT CARE CENTER - ADOPTED AS AMENDED Attorney Thomas Brown, wtth Vega, Brown, Stanley, Martin & Zelman, P.A. recalled the Board agreed in August, 1991, to waive EMS Impact Fees in certain circumstances and if certain criteria were met. He said he met with Staff and the County Attorney's representative which resulted in four basic criteria that could be met by the hospttal and which will eliminate any other competition in this type of situation. He explained the facility must offer primary and secondary care, County-wide service, community beneflt and must be qualified for 501-C-3 exemption. He referred to a letter dated January 16th from ~: ~.Naples Community Hospital that outlines the first three criteria, chiefly, the East Naples Urgent Care Center will offer urgent care, minor emergency treatment and diagnostic services. He said it very will be open seven days per week, staffed by physicians, nurses and · technical people and will be open to the general public. He indicated they have paid an impact fee of $6,090, and since they meet all the crIteria, they are requesting a 100~ reimbursement to the hospital. In response to Commissioner Volpe, Attorney Brown stated the East Naples Urgent Care Center is an extension of Naples Community hHospttal. Assistant County Attorney Dennis Crontn pointed out the Ordinance does not contain specific criteria, rather it gives the Board the : . authority to ftnd criteria in a resolutlon form. He Indicated at the c:~ tlme the EMS Impact Fee was adopted by the Board in August, 1991, Attorney Brown and the hospltal organ~zation discussed possible cri- 'ffiO00 Page 17 Sanuary 21, 1992 teria. He said rather than incorporate them into the Ordinance, it was left at the discretion and not the obligation of the Board to find appropriate criteria in each individual circumstance. Commissioner Saunders recalled at the hearing on this subject in August, 1991, the Board was attempting to find a way to exempt from the EMS Impact Fee Ordinance, 501-C-3 organizations that were pro- vid~ng direct patient care. Commissioner Volpe mentioned one of the very important criteria discussed at the August meeting pertained to a public health provider that does not turn anyone away because of an inab~lity to pay for set- vices. Attorney Brown stated it is the intent of the hospital that the East Naples Urgent Care Center treat the same people as are seen at the hospital. He added the staff will be employees of Naples .Community Hospital. Assistant County Attorney Cronin advised the Board that the amount to be reimbursed to Naples Community Hospital needs to be specified in the proposed resolution. Co~a~ss~oner Saunders ~aoved, seconded by Commissioner Shanahan and carried ttnan~ously, to adopt Resolution 92-43 refunding $6,090 for the EMS Impact Fee to Naples Com~unity Hospital, with an addlt~ona! statement to be added that th~s provider treats ~nd~gents and people unable to l~a¥, both at the East Naples Urgent Care Center and at Naples Col~mn~t~ Hospital. Page 18 January 21, I992 ) Ite~a RECOP~ENDATION THAT THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS UPHOLD TH~ INTERPRETATION OF THE ~ROWTH MANAGEMENT PLAN RE~ARDING TH~ CALCULATION OF RESIDENTIAL DENSIT~WITHIN THE FUTURE ACTIVIT~ CENTER DESI~NATHD ON THE FUTURE LAND USE MAP (INTERPRETATION GP-30-I) - CONTI)I~D Frank Brutt explained this is a recommendation that the Board of County Commissioners uphold the interpretation of the Growth Management Plan regarding calculation of residential density within the Future Land Use (FLUE} Map. He provided the Board with a map ~ndicattng the location of this future Activity Center which is west of Airport-Pulling Road and west of the continuation of Vanderbtlt Beach Road. He said the petitioner wishes to utilize the density which will be permitted when the Activity Center becomes a reality, which is based upon the continuation of Vanderbilt Beach Road from its present terminus at Airport-Pulling Road west to U.S. 41. He noted at the present time, the applicant may use the property for residential use at one-half of the density requested. Its concluded in his opi- nion] Bob Blanchard Growth Planning Director, did take the proper steps and interpretation of the Growth Management Plan tn stating that ~ttl this Activity Center ts created by the continuation of the road, uses and intensities of development reserved for Activity Centers are not appropriate. Me asked the Board to substantiate that decision. Commissioner Volpe questioned if the decision would have been the same for residential or commercial development at future Activity Centers, to whtch Mr. Blanchard responded In the affirmative Tom ltllen with the ltllen Group, commented this is a unique situation. He said this is the only future Activity Center in Collier County. He advised out of the four legs to occur from the two roads ~.': crossing, three already exist. He indicated that same situation is ~, true in several other locations within the County, yet they are pre- sently considered Activity Centers. He stated his client is asking to develop 120 residential units on approximately 10 acres, which is of what will be allowed when the road is completed. He said, in his Page 19 January 21, 1992 opinion, It ts a penalty to force his client to watt three or four years Before any planning or forward motion can be made on this pro- perry. In answer to Commissioner Volpe, Mr. Killen stated his client would begin construction no earlier than two years from this time. Attorney Patrick Neale, representing the petitioner, noted the '~: extension of Vanderbilt Beach Road is in the five year transportation work plan and is scheduled for completion around December, 1993. He said that timing works very closely with the timing of his client's development of this project. He reported the current access point would be along Tennis Court Lane, which is currently a partially paved Center. road running along the southern portion of the project, entering into Airport-Pulling Road. He said it is his understanding that Airport-Pulling Road at that location is currently at Level of Service (LOS) "A", thus, development of this 120 unit project would not cause any additional or excessive traffic congestion. Re commented they are asking to go forward with the rezone petition, which in his opinion is supported on page LU-1-36 of the FLUE, by its reference to no commer- cial rezoning will be allowed until such time as it is an Activity Commissioner Volpe pointed out that Mr. Blanchard's interpretation 'states there is no difference whether computing residential density or rezoning for commercial. Attorney Neale indicated since it is silent as to residential, they can proceed for that type of rezoning request. He said there seems no rational basis for maintaining the distinction of this being a future Activity Center served by three roads and the others being current Activity Centers. Commissioner Volpe commented if between now and 1994 when .{:i Vanderbilt Beach Road is extended, an amendment As proposed to the Growth Management Plan that would either eliminate this Activity Center under the theory that Collier County has too much commercial acreage, or that a mistake was made Jn terms of the s~ze of Acttvtty Page 20 January 21, 1992 , It would not be possible to do so if the Board allowed this request. Attorney Neale indicated there may be a vesting problem if such an amendment were proposed, because it is already listed as a future Activity Center and only one criteria, the completion of the roadway, is missing. In answer to Mr. Brutt, County Attorney Cuyler advised that appro- val of this petition would require an amendment to the Growth Management Plan. He added that Assistant County Attorney MarJorie Student has reviewed this issue and is in agreement with Mr. Blanchard's interpretation. Attorney Neale inquired if an amendment to the Growth Management Plan would be contemplated if proposed by his client? Bob Blanchard, Growth Planning Director, reported the next cycle of Growth Management Plan amendments begins in March, at which time the petitioner can apply, pay the appropriate fees and provide Staff with the appropriate information to do the analysis. Attorney Neale asked for clarification that Development Services Staff would be wi/ling to.hear a petition for a six unit per acre den- sity at this point in time? Mr. Blanchard said procedurally, Mr. Neale's client can apply for ;~. an application for up to six units per acre, which is the maximum per- mitred under the Growth Management Plan. He said doing that would avoid the issue of consistency with the Growth Management Plan, however, approval of that rezone still rests on the merit of the pro- Ject itself. Attorney Neale asked if the Board would al/ow his client to go ~!?~.'forward with the petition for 120 units at this point in time, based :~ii~i' on a stipulation that no more than 60 units would be constructed until the conversion to an Activity Center occurred. Commissioner Volpe suggested the petitioner meet with Staff to discuss that possibility. He also mentioned another option available .0 000, ,. 37 Page 21 January 21, 1992 to the'applicant is construction of affordable housing, for which he would be entitled to the density bonus credits immediately. Attorney Neale asked that the Board not make a final determination this date in order to allow his client and Staff time to discuss a ~. compromise. Co~issioner Saunders ~oved, seconded by Commissioner Hasae and c~rried ~l~ni~onsly, to continue this item. RECOP~IENDATION TO APPROVE THE FINAL PLAT OF "TIGER ISLAND ESTATES' - APPROVED NITH ~TIPULATION~ Commissioner Volpe advised he will abstain from voting on this !:~]. item. [Memorandum of Voting Conflict on file with the Clerk to the Board.) Co~tssioner Saunders Loved, seconded by Commissioner Goodntght ·nd carried 4/0 (Commissioner Volpe abstained) to approve the final plat of 'Tier Island Estates" with the following stipulations: That the final plat not be recorded until the required impro- vements have been constructed and accepted or until approved security Is received for the tncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2e Authorize the Chairman to execute the Construction and Maintenance Agreement. 3. That no bufldtng permits be Issued until the final plat Is recorded. Page 22 Sanuar¥ 21, 1992 XtaBd~8B2 · RBCONMENIIATZON TO AWARD A CONSTRUCTION CONTRACT TO ~RPEIt BROTHERS, 'INC., FOR COMBINED GOODLETTE-FRANK ROAD~AYAND UTILITY IMPROVEMENTS PURSUANT TO BID NO. 92-1806 - APPROVED IN THE TOTAL BASE BID ANOUNT OF $2,645,640.55 Transportation Services Administrator Archibald stated this construction project will extend a two-lane roadway from Carica Road north to Immokalee Road for a distance of approximately 2.5 miles. Re indicated the project was originally scheduled for award in October, '/:.' 1991, but was delayed due to environmental problems which have since been resolved. He noted in addition to building and extending the two lanes to Immokalee Road, the project also includes a 20-inch force main for the Utility Divis/on. He reported out of seven b/ds received, the /ow bid was submitted by Harper Brothers, Inc., in the amount of $1,645,640.55. He advised the bid is below the engineer's estimates and is also within the budgeted amounts in both the Utility and Transportation Div/stons. *** C~seioner Saunders left the room at this ti~ *** Transportation Services Administrator Archibald requested the Board consider two actions. The first, he said, would be action by the Board sitting as the County Water-Sewer District approving the Utility portion of the contract in the amount of $5~4,491.10; authorizing the County to include and perform that work under Bid #91-1806; and approving the transfer of funds. He indicated the second action, as the Board of County Commissioners, will award the bid to the low bidder and authorize the Chairman to execute the .-'contract. Cmmtastoner Hume moved, seconded by Commissioner Shanahan and carried 4/0 (Co, misaloner 5aunders out), that the Board of County Co~mtsetonsrs sitting ms the County Water-Sewer Board, authorize the Utility portion of the contract in an amount not to exceed $514,491.10, to be performed under Bid #91-1806; and approve the contract with Harper Brothers, Inc., in the total base bid a~ount of Page 23 .Tt~l ~893 January 21, 1992 R~CO~ENDATION FOR CONCEPTUAL APPROVAL OF PROJECT COST ALLOCATION BETWEEN COLLIER COUNTY AND TH~ BEE(SHIRE DEVELOPMENT WITH ST~tFF TO PRKPARE FINAL AGI~EEMENT FOR SUBSEQUENT BOAI~D ACTION - STAFF RECO~O~ENDATION~ APPROVED Transportation Services Administrator Archibald explained this ~tem is a recommendation for Board approval of a conceptual agreement with a developer on Radio Road to allow the County to proceed with the .construction of turn lanes on Radio Road in the vicinity of Berkshire, Countryside and Embassy Woods. He said Staff has researched the various parties that will benefit from turn lane or median improve- ments, and in this case, has identified the Berkshire Development. In a recent meeting, he said, the developer informed Staff that some of the improvements will benefit his development, however, will also benefit the developers to the south, Countryside and Embassy Woods. ill.I' He reported in this scenario, Berkshtre's benefits have been defined "'.. as well as the impact fee credits as a result of overpayments owed him '~ r ' bythe County. Me indicated the impact fee payments are in excess of i~::i~.'' the value of his benefit. He advised Staff is recommending for- [~i~ .... maltztng an agreement with the Berkshire Development, to include .'.:" addressing those access improvements that benefit his land, as well as the credit from overpayment of impact fees. He concluded the agreement, with the specific dollar amount, will be brought back to i;(:::'.:'the Board. ~,~.~'; · '''' Cosaimetoner Saunderm returned to the seeting at this ti~e In response to Commissioner Hasse, Transportation Services Administrator Archibald stated he concurs with the recommendation, noting there are commitments that accrue benefits to either Countryside or Embassy Woods. He said Staff is also asking Board direction on entering into the same conceptual type of agreement with those developers, which will also be brought back to the Board. He noted if pre-pay~nent of fair share is not received, particularly in the case of Embassy Woods, the County retains the ability to delete certain turn lane improvements from the current contract. He advised Sanuary 21, 1992 ',~:,'w2th respect to Countryside, any agreement would be between the Board of County Commissioners and the property owners association which has .. '~7" taken over the responsibilities for the Development. Commissioner Volpe questioned what is the status of the bike path ~ on Santa Barbara Boulevard with regard to the Berkshire PUD? Transportation Services Administrator Archibald replied the exca- vation work has been completed and, depending on Board action on this item, Staff will be in the position to pursue the bike path and subtract the cost of construction from the credit accruing to the benefit of the Berkshire Development. Co~iasioner Hasse moved, seconded by Commissioner Shanahan and '~'~/~ carried unanimously, to approve the project cost allocation between Collier County and the Berkshire Develol~ent for fulfillment of com- mitments by each party, and Staff to prepare agreement documents for ',, ~ubeeq~aent sub~selon to the Board of County Commissioners. ; ~;~.,- SC0~ENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE STAFF f/: TO DESIGN AND CONSTRUCT YOUTH SOCCEI~ FIELDS AT VINEYARDS COMMUNITY Martha Skinner, Acting Pub/lc Services Administrator, presented a recommendation that the Board of County Commissioners authorize Staff to proceed with the design and construction of youth soccer fields at the Vineyards Community Park. She recalled at Board direction, various sites were investigated thought to be suitable for this pro- ~ect. She advised after careful examination of all the sites, the Vineyards site is the most cost effective. She mentioned the Vineyards site was donated to the County several years ago and it ts is in the Comprehensive Plan to construct on the site in 1994-1995. She saSd they feel if the soccer fields are constructed, enough pro- perty will remain on the site to accommodate other like projects. Commissioner Volpe commented regional park impact fees have been identified as the funding source for these improvements. He ~nquired if sufficient funds are available? Page 25 January 21, 1992 ;,,,~.~;.~ · Ms. Skinner replied over $2-mtllton is available in that fund, and although a portion is committed for other projects, there will be sufficient funds for this project. Commissioner Saunders communicated the County has a regional park ~mpact fee as well as one for community parks. He said the Vineyards Park is considered a community park. He asked if regional park impact fees can be used for this project? County Attorney Cuyler advised with a minor amendment to the ordi- nance, there should be no problem using regional park impact fees. He said the concept of the soccer fields is regional, not community in nature. Commissioner Shanahan questioned if the Vineyards Development has any final review considerations in relationship to where the soccer fie/ds are placed? He also mentioned his concern with the size and number of the proposed fields. Murdo Smith, Acting Parks & Recreation Director, reported the Vineyards site was looked at in terms of feasibility and costs to build the soccer fie/ds in order to make use of some of the existing facilities at that location. He mentioned the possibility of these fields being opened by August or September of this year. He indicated several other advantages including the fact that the County owns the property, they can tap into the school's sprinkler system and the only restriction is not being allowed to install lighting until 1994 or 1995. He said Staff will share the proposed design plans with the Vineyards, adding the proposal does not reflect the only way the fields can be placed at that location. ~. ~, Commissioner Hasse stated he would like to be assured that the · :.County is not infringing on the contract for the lands donated by the .ds. Michael Saadeh, representing the Vineyards Development Corporation, recalled the subject property was donated to the County .:i' in June, 1989, and an agreement was made that specified the use of the !i': property, certain locations of certain fields and various other items. Page 2 6 January 21, :1992 He advised they have two concerns this date. He said they want assurance that the balance of the property will be utilized as a com- munity park as part of the original agreement, including all the faci- lities of a community park. He indicated the other Issue concerns the proposed schematic, which does not coincide with the terms of the agreement signed in June, :1989. He reported the agreement limits soccer fields to the northwest corner of the property with certain ~ dimensions. He said the Vineyards ts willing to accommodate the i.deslgn with the understanding they would like to review and approve !.the design if it is not 100~ consistent with the agreement, to ensure that future developments in the Vineyards are protected. Commissioner Shanahan communicated that a suggestion has been made !'.". to him that the Barton Collier High School site is preferable to the Vineyards. ~':i'. County Manager Dorrlll advised that Staff investigated three sites. He said the Barton Collier site was preferred original/y, however, the elevations are very poor, the majority of the land con- tig~lous to the High School has either jurisdictional or quasi- Jurisdictional wet/ands, access is poor and the cost of fill alone was determined to exceed the total cost of developing the Vineyards site. He stated the third site was proposed by Westinghouse to be part of their Manatee fruitholdings, but the Vineyards was determined to be 'the best of the three sites evaluated. In answer to Commissioner Shanahan, County Manager Dorrill replied there is a possibility of reducing the $380,000 for this project as it relates to fill material, because the existing grades are much better than the Immokalee site which was used to project the estimate. Commissioner Hasse Inquired if there are sufficient rest room :facilities to accommodate the additional soccer fields? Commissioner Volpe advised that in his discussions with the School Board, they indicated their property was developed tn anticipation of a community park. He said an interlocal agreement will be required with the School Board for the use of their facilities by the County. Page 27 January 21, 1992 Mr. Saadeh asked for clarification that the balance of the pro- party will be developed as a community park and that the County will honor the June, 1989, agreement as it relates to location. Commissioner Volpe agreed that the balance of the site will be developed as a community park and that in terms of locations, the County will work with the Vineyarda under the agreement si~9. ed in June, 1989, with an understanding that the Vineyards' primary concern :i~:i. is protection of the ~ntegrity of residential neighborhoods. George Keller questioned who will transport the children to this area to p/ay soccer? He also asked if there will be an agreement with the School Board for parking? County Manager Dorrill said currently there are approximately 1,200 children who p/ay soccer whose parents and coaches have the responsibility of transportation. Commissioner Volpe indicated the interlocal agreement with the School Board will include provisions for parking as well as rest room facilities. ~[ ~: . The following people spoke in favo~ of the proposal, stating this ts a very positive step towards the youth facilities needed in Collier County; a minimum of six soccer fie/da is needed immediately in order that the current programs not be curtailed; the subject site is available immediately, not in three to five years as would have been the case with the Nicewonder property, and appreciation that the Board has been true to the promises made in November, 1991: Alan Chadwick John Freshwater Jerry Brown Richard Laymon Peter Miles Cotmtsaloner Saunders Loved, aeconded by Commissioner Shanahan and Carried unanimously, to direct the County Attorney to prepare the appropriate a~end~ents to the Ordinance for Regional and Community Park I~pact Fees so there will be no question as to the legallt~ of expenditure of the funds; Staff to prepare an a~endment to the a~ree~nt with the Vineyar~s to reflect that the fields will be per- Bitted and the Vineyards will have the opportunity to provide approval 000 40 Page 28 Janqary 21, 1992 ',-. of tl~ location of the fields; and that the balance of the lite will 1~ used as a con~unL~y park lite al stated in the original agreement with the Vtn~ds. es. Recessed 1:25 P.N. - Reconven~d ~:08 P.N. at which tile De~ty Clerk M~re replaced Deity Clerk Ou~tn ese Ite~ ,12B1 ORDINANCE 92-7, RE PETITION PUD-91-8, DALLAS TOWNSEND, REPRESENTING ROBERT A. ROBERTS, ON BEHALF OF THE ROBERT ROBERTS ESTATE, REQUESTING A REZONE FROM RSF-3 AND C-4 TO PUD TO BE KNOWN AS THE R. ROBERTS ESTATE PUD, LOCATED ON THE SOUTH SIDE OF ROBERTS AVENUE AND NORTH AND EAST OF S.R. 29, IMMOKALEE - ADOPTED WITH CHANGES Legal notice having been published in the Naples Dally News on December 24, 1991, as evidenced by Affidavit of Publication flied with the Clerk public hearing was opened to consider Petition PUD-91-8, filed by Dallas Townsend representing Robert A. Roberts, on behalf of the Robert Roberts Estate, requesting a rezone from NSF-3 and C'4 to PUD to be known as the R. Roberts Estate PUD, for single-family resi- dences, mu/ti-family residences, commercial uses, and a historic site, for property located on the south side of Roberts Avenue and north and east of S.R. 29, Immokalee, consisting of 39.90 ~ acres. Mr. Philip Scheff, Project Planner, verified that the proposed PUD is located on the corner of S.R. 29 and Roberts Avenue in the heart of Immokalee. He pointed out that the PUD will include single family residences, multi-family residences, commercial uses and a historic site, adding that the subject property consists of approximately 40 acres. Mr. Scheff reported that no citizens have voiced opposition to the project and staff recommends approval of this Petition. He verified that the Collier County Planning Commission (CCPC) unanimously recom- mended approval, subject to staff stipulations as amended. Mr. Scheff stated that the petitioner proposes a road through the subject property, linking North llth Street to S.R. 29. He said he feels the major beneficiary of the proposed road will be the proposed Referring to the handout, he explained that this ts a review of the I 000,,;.: 50 Page 29 ianuary 21, 1992 historic site, the roadway extension and the total property in relation 'to current property tax values. He noted it also includes an appraisal by Wade Co/ding which glves the current value of the site and an ~:" appraisal by Stephen Price with First Bank of Immokalee, estimating the value of the property, assuming the rezoning would be approved. Mr. Scheff reiterated that staff recommends approval of the Peti- tion subject to subsection ?.15(C) of the PUD document being deleted and information regarding the historic site being revised to reflect :' that the Board may accept the site if it is determined worthy of historic importance to ~ollier County. In response to Commissioner Volpe's inquiry, Mr. Scheff explained that the Collier County Planning Commission (CCPC) recommended appro- x. val of the Petition, however discussion was limited, and the review was quick. In response to Commissioner Ooodntght, County Manager Dorrill explained that the current Board of County Commissioners previously ~'. received the proposal from the Roberts family and have worked their site plan around the historic preservation of the buildings. He said basi- cally the proposal is to exchange the historic site in return for the extension of the road and the rezoning. Commissioner Ooodnight expressed concern for the Immokalee Road system and said she feels that this is a well needed road extension and would provide a better circulation pattern. In addition, she sa~d she feels the citizens would benefit from obtaining a historic site. Mr. Scheff added that the transportation portion of the Immokalee area Master Plan states, "To give the highest priority to the completion of the grid network with consideration of those segments identified in the transportation segment of the support documents." Although, this document is not due to be released until January, 1993, Mr. Scheff said he feels it may provide som~ Justifica- tion for the road extension. I~ response to Commissioner Volpe, Commissioner Goodntght advised Pag..0 January 21, :1992 ~'.~that the road extension is needed immediately because a portion of llth Street is closed during school hours, and there would be easier access to S.R. 29. Mr. Scheff referred to a map on page ? of the agenda, pointing out the Estate property and the proposed road extension. Commissioner Volpe questioned the staff's recommendation on North llth Street. Mr. Scheff replied that it is staff's recommendation that the developer should assume the cost of extending North llth Street. Mr. Scheff, in finalizing, stated that staff also recommends that proper landscape buffering be added to the Master Plan. Mr. Dallas Townsend handed out an updated appraisal report (copy provided to the Clerk to the Board). Ne said the petitioner agrees with !staff's recommendation regarding the landscape buffer zone, and also agrees on revising the number of access points for Tracts D and B to Roberts Avenue and the proposed extension to North 11th Street. He noted that the language in Sections ?.lS(A) and 7.:15(B) regarding designation of a historic site needs no changes. Commissioner Volpe questioned whether the proposed site ts on the National Historic Registry, or designated as a historic site. Mr. Townsend stated that he feels there ts an effort to go tn that dtrec- tion. In response to Commissioner Volpe's inquiry, Ron Jamro, Collier County Museum Director, stated that the Collier County Historic Site ~i ~ Survey, which was prepared in 1985, and updated In 1988, identifies the ? buildings of the Roberts Ranch as historic sites and are listed on the Florida Master Site File. He said they are not nationally recognized, adding that certain buildings could be, particularly the 'ii'main house. i"~ In response to Commissioner Volpe's inquiry concerning the 'importance of these buildings being designated on the National or State Historic Registry, Mr. Samro explained that it would not make much difference, even when pursuing grant funding. He further explained that the community has decided buildings that are historically Page 31 January 21, 1992 significant, consultants have identified the Roberts Ranch as the representative of the ranching ~ndustry in Collier County and would be the idea/ location for a ranch museum. Mr. Townsend commented that the proposed extension of North XXth Street is needed even without the proposed PUD. He pointed out that Colding Real Estate submitted two appraisals, one giving 'as is' value ($180,000), the other giving value with PUD approval ($4§0,000). He said the County Engineer estimates that the road extension will cost $125,000, adding that the First Bank of Immokalee's appraisal with the PUD approval and road extension is $6§4,924 (total land value). In response to Commissioner Volpe, Mr. Townsend verified that the .:. project will consist of 260,000 square feet of commercial use, 24 .:(. ' single-family residential units, and 79 multi-family housing units, He i:j-, further explained that there will be no request for credit for impact fees, and they will be paying approximately $§00,000 to $1,000,000 for road impact fees. David Wilkison, Consulting Engineer with Wilkison & Associates, Inc. confirmed that the fees will be approxima- tely one mil/ion dollars. Neno Spagna, a registered speaker, had no further comments to add and asked Mr. Townsend to continue. Regarding height on the existing main building, Mr. Townsend esti- mated it was 35 - 40 feet. Mr. Scheff informed the Board that staff is recommending that the maximum height of a historic site be increased to 45 feet. In answer to Commissioner Hasse's inquiry, Mr. Scheff explained that, as a development standard for a historic site, the maximum height currently is 35 feet, so if the height was determined to be higher, it would be considered a non-confOrming structure. Commi~ioner ~oodnight moved, seconded t~ Commissioner Shanahan ·nd c~rried unanimously, to close the public hearing. Commissioner Goodnight moved, seconded by Commissioner $aunders ~md c~ried unanimously, to adopt Petit:ton PUD 91-8 subject to the Collie1- CountF Planning Commission's recommendations with revision~ Page 32 3anuar~ 21, 1992 that obligate Collier County to pay for and construct the extension of N. 11th Strut u part of the Capital Improvenent Element; that an ~xception is ~de for the height of the h/erotic site to be 45 feet; that th~ petitioner be responsible for the cost of relocating the historic structures per the Collier County Nuseum'e instructions, and that tl~ Ordinance aa numbered and titled below be adopted and entered into Ordinance aook No. 50: ORDINANCE 92-7 ~N ORDIN&RCE &I~NDING ORDIN&NCE NUMB]~ 91-102, TH~ COLLIER COUNTY LAND D~O~ CODE, WHICH INCLUDES TH~ CO~NSIV~ ZONING RL~UT~ItTIOI~ FOR TH~ URINCORPOR&TED JLRE& OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 7904N; BY CHANGING THE ZONING CLASSIFICATIONS OF THE HEREIN DESCRIBED REAL PROPERTY FROM NSF-3 AND C-4 TO "PUD" PLANNED UNIT DEVELOPMENT ENOWNAS THE R. ROBERTS ESTATE PLANNED UNIT DEVELOPMENT FOR SINGLE FAMILY RESIDENCES, MULTI-FAMILY RESIDENCES, COMMERCIAL USES AND A HISTORIC SITE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF ROBERTS AVENUE AND NORTH AND EAST OF SR-29, IN SECTION 4, TOWNSHIP 4? SOUTH, RANGE 29 EAST (IMMOKALEE), COLLIER COUNTY, FLORIDA, CONSISTING OF 39.90~ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Item ~SB1 STAFF TO D~VELOP ORDINANCE REGARDING ARTERIAL ROAD IMPROVIDiENTS THROUGH INCREASED ROAD IMPACT FEE REVENUES AND ROAD ASSESSMENT DISTRICT REVENITES TO BE BROUGHT BACK ON 3/10/92 Transportation Services Administrator Archibald provided a handout · .~.f-.. entitled 'Collier County Road Financing Study' which was completed by ~.~ Tindale-Oliver and Associates, Inc. Mr. Archibald stated that staff is :i~:'( seeking direction from the Board on revising the Road Impact Fee Ordinance, and would like to proceed through a public hearing. Steven Tindale of Ttndale-Oliver and Associates, Inc., referred to page 9 of the handout that shows a graph comparing Vehicle Miles of :~" Travel to Vehicle Mile Capacity - the relationship of Travel to Capacity being a ratio of what percentage of the system is being '..utilized. He explained that from 1996 to 2000 the Vehicle Mile ~actt¥ seems to level off, because fewer roads will be built to the capacity. L': In response to Commissioner Volpe, Mr. Tindale explained that the years 1990-1996 were used as the analysis period. Referring to the graph on page 10, Mr. Tlndale said it shows that Page 33 January 21, 1992 ~!;,'..from 1980 to 1990, Collier County was not funding at the rata that the volume was co~tng on line, therefore, the system started having deficiencies in the system saturation level. Mr. Ttndale referred to the graph on page 11, Which compared the 1990 and the est/mated 1996 conditions for urban, non-interstate roads, which indicated that the saturation level moved from 73~ to 68~. He said from 1990 to 1996 there is an estimated spending of 21 million dollars per year. Mr. Tindale referred to the graph on page 12, which estimated 1996 and 2000 road conditions for urban and non-interstate, adding that from 1996 to 2000, costs are 10 million dollars per year, fewer roads need to be built, and only roads that become deficient need to be replaced. . Mr. Tindale went on to explain the Draft Rule from DCA Chapter · 9J-5.055 (pages 14 through 19) in which a Section 3 will be added, called Long-Term Concurrency Management. He said it requires that a 10 year Plan be developed and relied upon as a basis for issuing orders and permits. He stated that the system must be reasonably concurrent and under 3(b), he pointed out that the time period for correcting existing wastewater, stormwater, potable water or solid waste defi- ciency shall be within 5 years. He said he feels this is unheard of. Within 3(c) of the Draft, he summarized, that basically there could ]i~(.!not be any projects used in the 10 year plan that do not have i/:. operational approved funding and within 3(h) it implies that even if one would want to use reoccurring revenues and subsidize growth, it Should not be done. Mr. Ttndale said he feels this was unreasonable Referring to page 2 of the handout, Mr. Tindale explained that this is a consumption-based impact fee; the impact fee equation generates the fee schedule itself. He explained that the equation ts the demand of each unit of development times the cost minus the credit which equals the fee. He further explained that the gasoline tax cre- 'i' dtt is 10.3¢ for the State and 2¢ for the County. On various pages · within the handout, he referred to current costs and fees and proposed Page 34 January 21, 1992 ~=Costs and fees, noting that the proposed fees are significantly higher, on a need to increase road impact fees to assure that growth pays for growth. .:~ At this time, Commissioner Volpe requested that the Workshop Item regarding the report by the Homeless Advisory Committee be continued to another date· to which the Commissioners concurred. Clark FarrAs replaced Deputy Clerk Meyers at this tA~e $~e Contf=uatton of discussion of Item 8B1 Referring to Table 6-11 page 8.1 Mr. Tindale explained Sarasota ~?~'.. · , was highlighted because it reflects a high growth county. He reported a year on transportation out of the sales tax and is still discounting the fee by 50~, which calculates out to $3,500 for a single family home. He related that general trend throughout the State of Florida was to see very conservative fees passed and then, over the last two or three years, fees have been adopted at full levels. He stated page 13 is a summary of the alternatives and what they do. He related that if level of service "D" is put into an impact fee equation, a standard is being adopted that either says half the roads can operate worse than "D" and half the roads can operate better than "D", or, a point will be reached where 100~ of the roads are right at "D" and instan- /i~'taneous' replacement will be done. .Re verified his firm has taken the existing saturation level and used it in the impact fee equation, applying the County's growth and what will be needed in 1996 with i.current revenues, pro~ected how the years 1996 and 2000 will operate within the equation, and found that the revenues needed due to current conditions and rate of growth puts the system in almost a "dynamic equilibrium". Referring to the Total Revenues (Alt 2) column on page lS, he explained the methodology utilized, summarizing that there is .still about an $8,000,000 shortage. Mr. Tindale advised that between now and the year 2000, plus or OOO 56 Page 35 3anuary 21, 1992 5-10~ of the total needs versus revenues, with the gas tax pro- . posed and with the impact fee methodology proposed, 'a ten year plan could be balanced. Mr. Tindale explained that DCA needs to monitor projected revenues i~.: and needs and, therefore, they should stay in balance. He reiterated the options are to put in the impact fee at the full level or look at alternative revenue sources to deal with the growth management issues. ,,<' eec ~ecees: 4:00 P.M. - Reconvened: 4:10 P.M. at which time, to eche~uling difficulties, Item #8D1 was heard Item ~D1 ACCESS EASEMENT OVE~ AND ACROSS NORTH COUNTY ~EGIONAL WATER TEKATME~T P~ANT SITE - APFROVED Utilities Administrator Arnold reminded everyone that the County's North County Water Treatment site was acquired through condenulation and the issue at hand is the granting of an access easement across said site to the owner from which it was taken. He relayed staff's ~.;~i.~. recommendation to grant this easement. He confirmed there is ongoing litigation tn anticipat~on of perhaps going to a compensation trial within the next several months. Attorney Tom Bolt, representing the property owners, commented do not consider this to be a settlement or compromise on their claim. Cc~esi~ner Saunders moved, seconded b carrt~ 4/0 (Co~aiseloner Shanahan out), to approve the grant of the 000. : 57 Page 36 January 21, I992 George Keller, President of Collier County Civic Federation, recommended acceptance of the recommendations at the highest fee, and 'that the public hearing is not delayed too long. The following persons voiced opposition to financing of arterial road improvements through increased road impact fee revenues and road assessment district revenues utilizing current proposed methodology · for reasons which include: As the appraised value of homes escalate, so do ad valorem taxes, thus, everyone pays more taxes; impact fees should cover the incremental difference between the value added to the tax base by new development and the cost of the public works necessary i' for new development; new home buyers could be asked to pay a dispro- .~.~' portionate penalty for years of infrastructure backlog created by what might have been inadequate fiscal priorities in prior years; the mupply of affordable housing could tend to be constrained with the adoption of these impact fees as proposed; this exacerbates the problem of high housing costs by assuring that the cost of driving will be shifted onto the cost of housing disproportionate/y; there is no incentive, other than congestion itself, for drivers to vary the ~ time of their use of roadways and, if a trip is not work related, perhaps there could be a user fee associated to reduce the congestion; there seems to be no relationship between what the impact fees resulting from the Tindale analysis are in comparison with what the shortfall is projected for improvements; internal trips in a mixed use ../¥'development were not accounted for; the analysis of Just the daily trip rates would not account for certain types of land uses with a low ~ peak hour ratio and penalizes same while benefiting those having a high peak hour ratio; not sure that school trip lengths and hotel/motel trip lengths were based upon local conditions in Collier County as they appear high; question whether capital improvement els- cost per lane mile might have been driven up by assumption that the capital improvement program will contain fly-overs which are )enstve but which may never come about; consumed capacity relates to Page 37 January 21, 1992 impacts of growth rather than to the costs to overcome present deli- cienctes, and the program presented today does not separate the %wo; the concern is not so much what was found in the Ttndale-Oliver Study but rather what was not found, i.e. no accounting of contributed . right-of-way, etc.; Tindale-Oltver report does not indicate how legal !:.V defensibility will be constructed; although not questioning the metho- dology used, suggest that further work needs to be done; additional sources of funding should be looked at that are fair and adequate; · ~' impact fees are the most regressive form of taxation known to mankind; there should be an exemption for a hospital which is tax exempt and 9~"'~ meets the needs of the community; these fees will encourage the county ~j citizens born and raised here to make homes outside of Collier County; "? ~mpact fees will not be a deduction from the builder's profit but :" rather an increase to the owner and a cost that will weigh heaviest on the least wealthy; taxpayers should get relief from paying the terrible increases in assessments and taxes to cover the growth in this area; and impact of this magnitude will slow down growth further: · Richard Laymon J. Dudley Goodlette, speaking as private citizen · 'Jack Bart of Barr, Dunlop & Associates, at request of Collier Building Industry Association Linda Lawson, representing Collier Building Industry Association Whit Ward George Vega, for Naples Community Hospital Mario LaMendola · ''John Cremer Gary Hayes, representing American Subcontractors Association Ted Bailey (Tape #6) Louis Erickson, on behalf of Golden Gate Contractors Assoc~ation Ken Reiley, President of Old Florida Homes · Suggested, if at all possible, an impact fee structure that taxes newcomers to the community instead of long-time residents · 'Alleged to have provided a report to Board of County Commissioners and others today (copy not provided for the record) · ''Read definition of "impact fees" Arch Kleet (Tape #5) expressed a belief that the proposed impact ::. fees are too low and should be raised; there should be a reduction on ~.. single family homes; questioned why retail gets the benefit of a 9.5~ " reduction; and suggested assigning lower or no impact fees to certain ,~!/. affordable homes. .~;, Mr. Cremer for Jan Curran, President of Taxpayers Action Group of Page 38 January 21, 1992 '~i~il Collier County (Tape #6) stated their organization is 100~ in favor i!t;Z,; of the impact fee for roads as proposed in the nexus report presented today utilizing Alternate 2, which ls the higher impact fee. Jim McGrath stated he is for impact fees. ~ . Transportation Services Administrator Archibald suggested staff !~?' address most of the concerns identified tonight In writing, pointing ~ out many are in the Ordinance document itself. · Commissioner Saunders suggested directing staff to prepare the %.~i appropriate Ordinances for advertising, and meet with representatives of the industry such as Linde Lawson and Mr. Barr to address the ,.:...issues identified today. Commissioner Goodnight suggested that perhaps this matter should be postponed until early fall. Commissioner Hesse voiced support for the direction that staff meet with construction industry representatives. Commissioner Volpe stated he is supportive of bringing this to the public at the earliest possible date. C~uloner Saunders moved, seconded by Commissioner Volpe and ~':~' c~rri~d 5/0, that staff be directed to develop the Ordinance based i'. ul~m the sTud~ to-date with staff responding to the expert engaged by CBIA (Collier Building Indutry Association) as well as other concerns ral~d here, with a draft of the Ordinance and responses to be fur- nishe~ tw~-to-three weeks in advance of the uublic hearing scheduled for March 10, 1992. e. Del~Ut'F Clerk ~evtn replaced ~ty Clerk Farrts at this t~se '' Items ~F1 RECO~"RDATION TO APPROVE USER FEES FOR AMBULANCE SERVICE PROVIDED BY COLLIER COUNTY DEPARTMENT OF EMERGENCY MEDICAL SERVICES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 9~-46 - CONTINUED TO ~/28/92 It was the consensus of the Board to continue this item to t/28/92. RECO~9~ENDATION TO PROCEED WITH THE EPA "MUNICIPAL INNOVATIVE TECHNOLOGY NVALUATION" D~ONS~TION PROG~, ~LOOATE ~ ~SO~CES ~~ TO E~ ~ D~0NS~TION ~ WAI~ ~ FO~ BIDDIN~ ~U~ ~R ~ ID~IFIED EQUI~ WI~ ~G~DS TO ~ ~FILL APPROVED Janua~F 210 1992 Bob Fahey, Solid Waste Director, communicated that Collier · County's landfill m~ning/reclamatton program has been selected for evaluation by the United States Environmental Protection Agency under a new program entitled Municipal Innovative Technolo~ Evaluation. He said the $40,000 being requested is expected to come from the Ford Foundation grants that were part of the innovations award and will be used to rent various equipment. In response to Commissloner Volpe, Mr. Fahey stated there is no fiscal impact to County funds. He said he is seeking permission to rent the machinery for approximately one month without the need to take bids. Cm~t~sioner ~asse ~oved, leconded by Commissioner S~under~ ~d c~ 4/0 [Cm~e~oner Sh~ ~t), to approve e~ndl~ree for the mtal of ~~nt not to exceed 840,000 ~d ~lve the foml bidding r~ir~s. ~SOL~ION 92-44 ~OVlN~ ~ COLLIER CO~ CO~CTION~ P~IN~ C~~ ~ ~ION ~SO AS ~ COLLI~ CO~ CRIMIN~ ~STICE ~~TIO~ ~~ CO~E - ~~ Co~iluioner Saunders moved, seconded by Commissioner Goodntght ~nd carried 4/0, (Commissioner Shanahan out) to adopt Resolution 92-44 approving the Collier County Correct~ona! Planning Committee to func- tion ml~o u the Collier County Crtmina! Justice Information 63' Page 40 BOARD OF CO~RT~ CO~MISSIONERS' COMMUNICATIONS January 21, 1992 Commissioner Volpe mentioned there has been recent case law that significantly impacts upon the manner in which the Board of County Commissioners does business. Specifically, he said, when sitting in a (~/asi-Judlcial capacity while granting variances and Conditional Uses, the Board cannot be lobbied. ' County Attorney Cu¥1er noted his office ts currently reviewing the case law. · ;'~i Commissioner Volpe asked that the Board be provided gu/dance on this issue as soon as possible. '*' Commissioner Hasse moved, seconded by Commissioner Shanahan ~nd cazTied unanimously, that the following items under the con- sent m~enda be approved and/or adopted: e,s RESOLUTION 92-17, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATemeNT OF PUBLIC NUISANCE FOR LOTS 13 THROUGH 15, BLOCK G, OF ROYAL WOOD GOLP AND COUNTR~ CLUB, UNIT NO. TRREE, BARCLAY BUILDING CORPORATION, (R~RER OF R~CORD/JOHN N. BRUGGER, REGISTERED AGENT Item #16Alb ~OLUTION 92-18, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE FOR LOT 19 AND LOT 20, BLOCK G, OF ROYAL WOOD ~F AND COUNTRY CLUB, UNIT NO. THREE, BARCLAY BUILDING CORPORATION, OWNER OF RECORD/JOHN N. BRUGGER, REGISTERED AGENT Item #16Alc See Pages RESOLUTION 92-19, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE FOR LOT 26 AND LOT 27, OF ROYAL WOOD GOLF AND COURTR~ CLUB, UNIT NO. TWO, BARCLAY BUILDING CORPORATION, OWNER OF RECORD/JOHN N. BRUGGER, REGISTERED AGENT Item #16Ald See Pages RESOLUTION 92-20, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE FOR LOT 18, BLOCK 353, MARCO BEACH UNIT ELeVeN, M~RON S. JON~S AND ANNA C. JON~S, OWNERS OF RECORD Item #16Ale See Pages Page 41 January 21, 3992 RESOLUTION 92-22, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABAT~3~HNT OF PUBLIC NUISANCE FOR LOT 6, BLOCK 67, MARCO BEACH UNIT TWO, MARCO MEDIA ENTERPRISES, OWNER OF RECORD/LEONARD J. BUBRI, REGISTERED AGENT See Pages Ite~ ~16Alf RESOLUTION 92-22, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABAT~I~I~T OF PUBLIC NUISANCE FOR LOT 4, BLOCK 88, MARCO BEACH UNIT FIVE, MARCO MEDIA ENTERPRISES, OWNER OF RECORD/LEONARD J. BUBRI, REGISTERED See Pages Itn #~6A~g RE~OLUTION 92-23, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATE3~E31T OF PUBLIC NUISANCE FOR LOT 8, LAKE KELLY UNIT 2, NANC~ E. MILLS, O~ITKR OF R~CORD See Pages ~/' (~'~ It~ #16Alh RESOLUTION 92-24, PROVIDING FOR ASSESSMENT OF LIEN FOR ~ COST OF ~ · ~~ OF ~LIC ~IS~CE FOR LOT 6, BLOCK 244 0F ~CO B~ ~IT SIX, JO~ ~UG~IS, O~R 0F REC0~ Item #16Al! RESOLUTION 92-26, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE AB~TE~I~NT OF P~BLIC NUISANCE FOR LOT 36, BLOCK 240, GOLDEN GATE, UNIT NO. 7, EDWARD J. PKLC AND LAVERDA L. PELC, OWNERS OF RECORD See Pages KE~OLUTI0~I 92-26, PROVIDING FOR ASSESSMENT OF LIEN FOR TH~ COST OF THE ' ' ABAT~NENT OF I~3BLIC NUISANCE FOR LOT 11, BLOCK C, LITTLE HICKOR~ ' ~HOKE~, UNIT NO. 1, THOMAS H. PLETT0 ESTATE, OWNER OF RECORD RE~OLUTION 92-27, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF I~TBLIC NUISANCE FOR LOT 13, BLOCK 100, UNIT 3, Part -- GOLDEN GATE, MAURICH L. TREMBLA¥, OWNER OF RECORD Itn #16All RESOL~TION 92-28, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE AB&TEMENT OF PUBLIC NUISANCE FOR LOT 299, WILLOUGHBY ACRES · UBDMSION, CAROLE J. WHITE, OWNER OF RECORD J~nuary 21, 1992 SeePages /01-16) Itu #16Alm RESOLUTION 92-29, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE FOR ALL OF LOT 30, BLOCK 6, UNIT 1, NAPL~ PARE SUBDIVISION, STEPHEN F. AND JUDITH R. ZBOYA, OWNERS OF RECORD Itn#16Aln See Pages /03-/p RESOLUTION 92-30, PROVIDING FOR ASSESSMENT OF LIEN FOR TRE COST OF THE ABATEMENT OF PUBLIC NUISANCE FOR LOT 17, BLOCK 8 OF CARSON'S ADDITION ~UBDI¥ISION, WILLIE MAE POSTELL, OWNER OF RECORD See Pages Ite~ ,16Alo RESOLUTION 92-31, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF FUBLIC NUISANCE FOR LOT 9, BLOCK 3, TRAIL ACRES, UNIT NO. 2, MICHAEL MOD~EN, OWNER OF RECORD ~ See Pages /Z9 g'./~ RE~OLUTION 92-32, PROVIDING FOR ASSESSMENT OF LI~ FOR ~ COST 0F ~ ~~ OF ~LIC ~IS~CE FOR LOT 15, BLOCK 13, NAPLES ~0R ~DITION, ROBOT ~ C~OLE BIGEL~, O~RS OF REC0~ See Pages Ii0 Item #16Alq RESOLUTION 92-33, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PuBLIC NUISANCE FOR LOT 6, BLOCK 88, GOLDEN GATE, UNIT 3, CELESTE AND MERI CARLESIMO, OWNERS OF RECORD Ite~a #16Alr See Pages RESOLUTION 92-34, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABAT~3~ENT OF PUBLIC NUISANCE FOR LOT 104, HALLENDALE, ANNE LOUDEN HERITDON, ~ OF RECORD See Pages //3" //~ ~-*~'-**; ~O~X~ 92-S5, ~0VIDING FOR ASSES~ 0F LIEN FOR ~ug COST OF =u= : ~ '~~ OF ~LIC ~IS~CE FOR LOTS 3 ~ 4, BLOCK 265, ~IT · P~T GOLD~ GA~, hu~T ~ C~ISTA ~IN, ~RS OF RECORD Page 43 I 1.5'- January 21, 1992 See Pages RESOLUTION 92-36, FROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEmeNT OF P~BLIC NUISANCE FOR LOT 1, BLOCK 63,.MARCO BEACH UNIT 2, WILLIAM TNO~t~, OWNER OF RECORD .~ I~E~OLUTION 92-37, ~IDING FOR ASS~S~ 0F LIEN FOR ~ COST OF ~ ~~ OF ~LIC ~IS~CE ~R LOT 3, BL~K 'B', PI~ST ~U~D~SION, ~~ ~IN0, ~R OF RECORD See Item #16Alv RE~OLUTION 92-38, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE AB~TEM~]~f OF PUBLIC NUISANCE FOR LOTS 656 AND 657, UNIT · OF RIVERIA COLONY GOLF ESTATES, VILLAS OF NAPLES, INC., OWNER OF RECORD, PRENTICe/HALL CORP SYSTEMS, INC., REGISTERED AGENT See Pages Item ~16Alw I~E~0LUTION 92-39, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEM~]~f OF PUBLIC NUISANCE FOR LOT 11, BLOCK 240, GOLDEN GATE UNIT T, JONY A. WIEEI~R, OWNER OF RECORD /;, /~ See Pages . ~..~--..~__ ".~ ': Ira ,leA2 :::i ...... SZCURITY FO~ ~CAVATION PE~IT NO. 59.206 ~WILLOW R~~, LOCATED ~::: , ~I~ 11 ~ 12, ~SHIP 50, S0~, ~GE 26 EAST - ACCE~D ::": ~ OF $50,000 Pages /m,s'-/D_& l'tll ,16&3 i::?... RECOI~DI]~ OF FINAL PLAT OF "MONTEREY UNIT THREE" - WITH STIPULATION~ Accept the Construction, Maintenance and Escrow Agreement as security to guarantee completion of the Subdivision improve- ments. 2. Authorize the recording of the final plat of "Monterey Unit Three". 3. Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. The indenture of Tract C shall occur simultaneously with the recording of the plat. ,,.,,. ,, Sa~uary 21, 1992 ACCEPTANCE OF WATER AND SEWER FACILITIES FOR QUEENS PARK AT T.,AGO ~ERD~, P~ASE IV - WITH STIPULATIONS The water and sewer facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the Florida Department of Environmental Regulation furnishes a letter authorizing the placement of these systems into service. 2. Bacteriological testing has me~ the County's requirements. The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ow~ership and maintenance. 4. Receipt of payment for water usage from Ut/l/ties for bac- teriological testing. RECORDED IN OR BOOK' ~ ***Documents not received Xt~16&S by*Cier~ to ~oard Office RESOLUTION 92-40 R~ R~CORDING OF FINAL PLAT OF "QUEENS PARK AT LAGO FENDS, P~%SE FOUR" AND GRANTING OF PRELIMINARY ACCEPTANCE OF TH~ ROADW&~, DRAINAGE, WATER AND SEWER IMPROVEMENTS - WITH STIPULATIONS Accept the Irrevocable Letter of Credlt as security for ma/n- tenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improvements. 2. Authorize the recording of the final plat of "Queens Park at Lago Verde, Phase Four". 3. Authorize the Chairman to execute the attached Resolution authorizing preliminary acceptance. Preliminary acceptance of the improvements will not become effective until water and sewer facilities have been conveyed to Collier County Water-Sewer District. SeePages /3/-- /33 Ite~ #16A6 ~oved to #8A2 Ztem~16&? &C~EPTAI~CE OF WATER AND SEWER FACILITIES FOR MIRADA ON THE GREEN, PHASH ! -~ITH ~TIFULATIONS 4e The water and sewer fac/lit/es to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the Florida Department of Environmental Reuulation furnishes a letter authorizing the placement of these systems into service. Bacteriological testing has met the County's requirements. The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. Receipt of payment for water usage from Utilities for bac- teriological testing. 0007, :. 7O Page 45 January 21, 1992 See Pages ~ Xtem #I,Aa RECORDED IN OR BOOK / 7J'~ PAGES 134ll - ~3 RESOLUTION 92-41 GRANTING PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGI, WATER AND SEWER IMPROVEMENTS FOR "MIRADA ON THE GREENS AT QUAIL CREEK VILLAGE - WITH STIPULATIONS Accept the Construction, Maintenance and Escrow Agreement as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all impro- vements. Authorize the Chairman to execute the attached Resolution authorizing preliminary acceptance. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer Distr~ct. See Page /~ Ite~ ,16B! moved to #8B3 Item #16B2 AUTHORIZATION OF THE TRANSPORTATION SERVICES DIVISION TO UNDERTAK~ ONE-TIM~ MAINTENANCE OF BENTON ROAD SUBJECT TO SPECIFIC CONDITIONS AND PREPA%~NT OF ALL COSTS - WITH STIPULATIONS The maintenance work by the County not exceed a total of $1,200 to include the cost of materials, man-hours, employee overhead of 45~, equipment use at established rental rates, and administrative cost at 15%. 2. The work be scheduled in conjunction with County road main- tenance work in the immediate area. The road work specifically exclude the County from any and all future responsibility for operation and maintenance of Benton Road, and that continued responsibility remain with the owners and users of the road. Upon completion of road maintenance by the County, Collier County remain excluded from any and all liability for road use. The road work, if approved, As for a one-time maintenance activity to provide minimal improvements and the County shall not assume any responsibility, duty, and/or liability for con- tinued road maintenance or subsequent road maintenance acti- vity. Subject to the stipulations set forth above and any additional stipulations which either Risk Management and/or the County Attorney's Office may include in the above conditions, the Transportation Services staff recommends approval in consideration of 1) Public need as exhlblted by complaints from numerous pro- perty owners; 2) Public benefit to maintenance of communications link as set forth in the letter from the Alpine Broadcasting Corporation; 3) Information provided by the Sheriff's Department in regard to road condition and use. Page 46 January 21, 1992 J~PLIC&TIC~ FOR GRANT FUNDING FROM THE FLORIDA DEPARTMENT OF COMMUNITY JLr~&Ilt~ B~3~ITING ~ PUBLIC HEALTH UNIT'S OBSTETRIC PROGRAH - $6,758.00 SeePage , /.53 Zte~ #16D1 SELECTION OF COLLIER COUNTY MASTER PLAN CONSULTANT - SHORTLIST OF BOTLE E~3I~EERING CORPORATION; CAMP, DRESSER & MCL~EE, INC.; AND NALCOL~ PIRNIE INC. W/WILSON, MILLER, BARTON & PEEK - CONTRACT TO BE ~GO~IATED WITR LATTER AND STATUTORY DEED FOR THE PURCHASE OF LAND AS A · T&TION TO TH~ NORTH COUNTY REGIONAL WASTENATER TREA~I(ENT Ites#16DS NOTIC~ OP ~RO~ISE TO PAY AND AGREEMENT TO EXTEND PAYML~T OF SEWER 'IMPACT ~ FOR ~ERNON R. AND ELLEN DUNCKLEE, HUSBAND AND WIFE - IN TH~ AMO~NT OF $8~800.00 See Pages Ite~#16D4 NOTICE OF PR0~ISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF S~R I~ACT ;S FOR ARIBEL AND ELSIE GONZALEZ, HUSBAND AND WIFE - IN THE ANOUXT OF 88,800.00 See Pages Ite~ ~16D5 NOTIC~ OF I~t0MISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER IMPACT FEES FOR LEO AND YVON ARSENAULT - IN THE AMOUNT OF $13,200.00 See Pages -- ;~i"i 8ITIUICTION OF NOTICE 0F PROMISE TO PAY ~ AGRE~NT TO EXTEND ~!'~ '." 'PAIq~NT O~ ~ ll~PACT I~E FOR LARRY K. AND SHARON B. ItOCl~R See Pages 8ATISF&CTION~ OF AGREEMENT FOR PAYMENT OF WATER SYSTEM DEVELOPM~NT CHAR~ FOR JOSE J. AND ELVIRA VERDIN, DONALD T. AND JUDITH L. KELLY, A~D CORINA ZAMA~RIPA Page 47 See Pages January 21, 1992 ~.., Itwm e16D8 ;~,~i~-..~ AWARD OIP BID e91-1798 TO FERGUS0N UNDERGROUND ~ B a H S~ES ON I~ NOTICH OF PROMISE TO PAY AND AGREEMENTS TO EXTEND PAYMENT OF SEWER IMPACT FEHS FOR PRINCIPLE VENTURES, INC., A FLORIDA CORPORATION - IN TH~ A~OUNT OF $29,840.00 Itn ,16D10 deleted Item WA~ ~ S~ FACILITIES AG~~S ~R MI~DA 0N T~ See Page. Item #16E1 W&I~ OF FORMAL BID PROCESS AND AUTHORIZATION O~ PURCHASE OF PARTS AND SENVICE WITH KE~.L¥ TRACTOR COMPANY, ?-INDEH INDOSTRIAL MACHINER~ CO~AN~, ~D GREAT SOUTHERN EQUIPMENT COMPANY Item #16F1 BI3DG~T AM~NT TRANSFERRING FUNDS FROM EM~ IMPACT FEE FUNDS (350) TO · ME]~C~EDICAL SERVICES Yu,u (490) - PAYMENT OF $77,363.24 FOR TWO =I~:~T FOR PARTICIPATION IN THE FLORIDA ASSOCIATION OF COUNTIES, INC. ~ )II~DES STORM~ATER APPLICATION', ADDITION OF EVERGLADES CIT~ AND ~LRC0 ISLAND AIRPORT SITES TO THE COUNTY'S ORIGINAL FAC-NPDES SIX ENVI1~g~IM~D~AL PROTECTION AGENCY'S NPDES CLASSIFIED INDUSTRIAL FACILITI~ GROUP APPLICATION See Pages Item ~16G2 RESOLUTION 92-42 ESTABLISHING THE PUBLIC HEARING DATE OF FEBRUARY 25, 1992 AT 9:00 A.M. TO CONSIDER ADOPTING RESOLUTION OF INTENT TO ELECT TO USE TH~ UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS FOR STORI~IATE~ MANAGEMENT IN ALL AND/OH DESIGNATED AREAS OF UNINCORPORATED PORTION~ OF TH~ COUNTY See Pages ~01- o d3 Ira ~16H1 ACCEPTANCE OF ~SULTS OF VOTES ~CEI~D ~0M ~E PROPER~ ~ ~ DIS~U~ OF ~ ON ~ ~OKOLOS~E IS~ WA~R DIS~I~ Page 48 January 21, 1992 ~, GRANT AITD AUTHORIZATION FOR CHAIRMAN TO EXECUTE THE GRANT OF UTILITY KASD~ICI FOR THE BAREFOOT BEACH BATH HOUSE · C~NTII~C&TES OF CORRECTION TO THE TAX ROLLS AS PRESENT~-D BY ~ '~ ~IS~~s O~ICE 1991 TAX ROLL No. Date 111/114 ,163:2 01/06/92-01/09/92 S&TI~FACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER Ite~ #163 MISCKLLANIIOUS CORRESPONDENCE - FILED AND/OR REFERRED Copy of letter to Board of County Commissioners dated 12/20/91 from Ktm Anderson, Mayor of City of Naples, re request that Collier County adopt a Resolution approving the Issuance of the Bonds, the plan of financing and the locattona and nature of Project w/th enclosure copy of 0rdtnance No. 91-6516 and Extract of Minutes of City Council of City of Naples, Florida, Public Hearlng, 12/4/91. Nell Dorrtll and fi/ed. Petition to Naples City Counctl and Board of County Commissioners to create a position of B/cycle Coordinator. Copy to Commissioners Goodnight, Hasse, Saunders, Shanahan, Volpe and filed. Notice of Public Meeting, The Beach Renourishment/Matntenance Committee, 1/16/92 at 9:00 A.M., City Council Chambers, City Hall. Copies to Commsrs. Goodntght, Hasse, Saunders, Shanahan, Volpe and filed. Department of Environmental Regulation, Notice of Proposed Rulemaktng, Rule Chapter Title: Dredge and Fill Activities. Copies to Bill Lorenz, Frank Brutt and filed. Copy of Memo to Louise Chesonts from Edward J. Gehrtng, Plan Review Supervisor, d;~d~9/91,~r~ Advertisement for Public UUUP~[ i~ Page 49 January 21, 1992 Hearing Budget Code No. 113-138950-648110. Copies to Commsrs. Goodnight, Hasse, Saunders, Shanahan, Volpe and filed. 6. Minutes copied to BCC Ae Marco Island Beautification Advisory Committee Agenda for 1/7/92. Golden Gate Fire Control & Rescue District Agenda for 1/8/92o Co District 8 Coalition for the Homeless Meeting Announcement and Agenda for 1/9/92 and copy of Minutes of 12/5/91. Do Environmental Policy Technical Advisory Board Agenda of 1/6/92 and copy of Minutes of 1/6/92. Environmental Advisory Board Agenda and Minutes of ~X/6/91. Environmental Advisory Board Agenda of 1/8/92 and Agenda of December 4, 1991, along with Minutes of 12/2/91. Ge Golden Gate Community Center Advisory Board Meeting of 12/2/91 and 11/4/91. Collier County Planning Commission Agenda of 1/16/92 and Minutes of 10/3/91. Notice to Owner to BCC and Cornerstone General Contractors, Inc. from Donna Ryan, Controller for Quality A-1 Irrigation, advising they have furnished pipe, valves, fittings, controllers and installation labor for the East Naples Community Park, under an Order given by Cornerstone General Contractors, Inc. Copies to Steve Carnell, John Yonkosky and f~led. Notice to Owner to BCC dated I/3/92 from Karen Price, Agent fop Southern Pre Stress Inc., advising they have furnished 7" hollow core, engineering and hauling for the E. Golden Gate Wellfield Expansion Job #362 under an Order given by Rocket Industries. Copies to Steve Carnell, John Yonkosky and filed. Letter dated 1/6/92 from Wllltam M. Pogue, CCIM for the Corporation, North Collier Medical Building, Inc., re North Collier Medical Building, advising that Hole, Montes & Assocfates, Inc. is authorized to act as agent, with accom- panying legal descrlptton for "Parcel A". Copies to BCC, purchasing, Frank Brutt and filed. 10. I1. Memo to Catherine Dahlstrom, Administrative Secy., from Catherine M. Riehm, Assistant Controller, dated 1/8/92, re miscellaneous Correspondence - BCC Agenda, placement of Port of the Islands - Notice of Meetlng, January 16, 1992. Letter dated 1/6/92 from Wayne E. Daltry, Executive Director, Southwest Florida Regional Planning Council, re ICaR Project #91-210. SATISFACTION OF LIEN FILED AGAINST RF. AL PROPERTY FOR ABATEMENT OF NUI~M~C~, G]~I~kRD J. C~U, ~GIS~D AGE~ FOR C~U-C~ I~ ~TION, LOT 20, BL~ 5, N~LES ~0R ~ Page 50 January 21, 1992 See Page SATISFACTION OF LIEN FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE, LUIS A. BERNAL AND CRISTINA L. BERNAL, LOT 21, BLOCK 101 OF MARCO BEACH UNIT THREE ~' SATISFACTION OF LIEN FILED AGAINST REAL PROPERTY FOR ABATEMENT OF · '~ : NUISANCe, VASHI P. AMARNANI, LOT 15, BLOCK 193 OF MARCO BEACH UNIT See Page , ~/~) ~:-. SATISFACTION OF LIEN FILED AGAINST REAL PROPERTY FOR ABATEMENT OF ~- II~ISAII~, GUILLKRMO ESTEVA AND MIREYA ESTEVA, LOT 16, BLOCK 218 OF ~ .... MARO0 B~CN UNIT NO. SEV~i~ SATISFACTION OF LI~]I FILED AGAINST REAL PROPERTY FOR ABAT~NT OF WILLIAM THOMAS, LOT 1, BLOCK 63, MARCO BEACH UNIT 2 See Page ~/~ ,, SATISFACTION OF LIEN FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCe, ALOYSIUS J. NONDORF, LOT 28, BLOCK ??~, OF A REPLAT OF MARCO BEACH UNIT TWENTY-FIVE t~ HATISPACTION OF LIEN FILED AGAINST REAL PROPERTY FOR ABATEMENT OF ..... IIUI~A~CK~ GAK~ K. WILSON AND SHARON L. WILSON, LOT 16, BLOCK 140, · [.~¢,- -t~OLl:~a' GAT~, m~IT NO. 4 See Page 0~/~ SATISFACTION OF LIEN FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NOISAII~, HAROLD WARNER, LOT ~, BLOCK 110, UNIT ~, GOLDEN GATE See Page SATISFACTION OF LIEN FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCHo KAROLD WARNER, LOT 9, BLOCK ~10, UNIT 3 PART --, GOLDEN GATE See Page ~/~ SATISFACTION OF LIEN FILED AGAINST REAL PROPERTY FOR ABATEMI~-NT OF HAROLD WARNER, LOT 9~ BLOCK 110, UNIT 3 PART --~ GOLDEN GATE SeePage 17 SATISFACTION OF LIEN FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE, ~US LARRAZABAL AND DORIS LARRAZABAL, LOT 10, BLOCK 36, UNIT 2, GOLDEN GATE See Page Page 51 January 21, 1992 SATISFACTION OF LIEN FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE, JAMES L. FIELDS, JR. AND YVONNE A. FIELDS, LOT 4, BLOCK 141, GOLDEN GATE, UNIT 4 SATISFACTION OF LIEN FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE, VALENTIN CAMPOS, JR. AND IRMA CAMPOS, LOT 7, BLOCK F, LAKE TRAFFORD SHORES, UNIT NO. 1 SATISFACTION OF LIEN FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCe, GIUSEPPI ALONGI AND VANCENE ALONGI, LOTS 43 AND 44, BLOCK 70, NAPLES PARK, UNIT NO. 5 See Page SATISFACTION OF LIEN FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE, TRINA BERMEJO, LOTS 35 AND 36, OF BLOCK 35, NAPLES PARK SUBDIVISION UNIT NO. 6 See Page' ~_ C:~. ~ SATISFACTION OF LIEN FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE, CHARLES E. WHEELER AND ELIZABETH A. WHEELER, LOT 26, BLOCK I, HENDERSON CREEK PARK, 1ST ADDITION See Page SATISFACTION OF LIEN FILED AGAINST REAL PROPERTY FOR ABATEKENT OF NUISANCE, MELVIN J. PETERSON AND OLIVE PETERSON, LOT 11, BLOCK CONNER'S VANDERBILT ESTATES, UNIT 2 See Page C.~ ~'~, ,~ SATISFACTION OF LIEN FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE, ANTHONY D. BROWNSTEIN, LOT 22, BLOCK 30 OF MARCO BEACH UNIT ONE See Page 77 Page 52 Sanuary 2X, X992 There being no further buslness for the Good of the 6ounty, the meeting was adjourned by Order of the Chair - Time: 6:10 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~'' ~s approved by the Board on ~c~ /~.. /~,~.~ ?, as present.~d j or as corrected Page 53